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My Ex wife is trying to stop me from seeing my son
#1
Ive been divorced since 2014.  In our divorce degree it only states 20% phyiscal custody and 50% legal with over night visit station aprond agreed with both parties.  But we really didnt go by that court order because we was friends.  Me and my Ex have had an agreement of me pretty much getting my son and daughter whenever i felt like it.  I've been taking them to and from school for the last 4 to 5 years.  Im at every school and sporting event, im even at every practice.  We go out of town and amusement parks all the time.  I pay child support every month on time.  We spend time after school usually almost everyday untel Mom gets off work which is usually 6 or 7pm.  But now that i have gotten remarried and have a new house she has turned everything upside down.  She doest want my son around my wife, she doesnt even want him at my house.  Shes not allowing him to spend the night.  She has pulled him out of Track and Field  which he has been in for 2 months all becasue of anger towards me.  She has even taken his phone which i got him to commuicate with me.  Now she's even claiming im a danger to my children, even though every since the fallout i had them almost everyday.  My son is 8 and my daughter is 13..  There's allot more to the story but these are the basics.  Also one last thing is my 13 year old dauthger is not really minds.  Mom lied and said she was mines and i didnt find out untel she was 6 years old.  But the case has been solved im no longer liable per the court for my daughter.  So im really fighting for my Son.  Please help!!!!!!
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#2
(04-18-2017, 01:12 PM)buck0002 Wrote: Ive been divorced since 2014.  In our divorce degree it only states 20% phyiscal custody and 50% legal with over night visit station aprond agreed with both parties.  But we really didnt go by that court order because we was friends.  Me and my Ex have had an agreement of me pretty much getting my son and daughter whenever i felt like it.  I've been taking them to and from school for the last 4 to 5 years.  Im at every school and sporting event, im even at every practice.  We go out of town and amusement parks all the time.  I pay child support every month on time.  We spend time after school usually almost everyday untel Mom gets off work which is usually 6 or 7pm.  But now that i have gotten remarried and have a new house she has turned everything upside down.  She doest want my son around my wife, she doesnt even want him at my house.  Shes not allowing him to spend the night.  She has pulled him out of Track and Field  which he has been in for 2 months all becasue of anger towards me.  She has even taken his phone which i got him to commuicate with me.  Now she's even claiming im a danger to my children, even though every since the fallout i had them almost everyday.  My son is 8 and my daughter is 13..  There's allot more to the story but these are the basics.  Also one last thing is my 13 year old dauthger is not really minds.  Mom lied and said she was mines and i didnt find out untel she was 6 years old.  But the case has been solved im no longer liable per the court for my daughter.  So im really fighting for my Son.  Please help!!!!!!

There is a way forward with this. First of all, what you do during your contact time is nothing to do with her, as the court put the child in your care.

Apply to Court for

1, PR for the 13 year old, under "Father by Assumption" rules, so that you then have the legal right for Contact.
2, To vary the existing Child Arrangements. You need to get a set timetable in place, what can then be enforced via court if need be.

As a min, you will get Friday till Sunday every 2 weeks, and up to half school holidays.
You can ask for mid week visits/stay overs also, if its workable.

The Court can order the phone be available for indirect contact at set times.

In law once you let an aspect of an order be not followed, unchallenged, then you can not longer enforce it. This variation of the order would therefore make it enforceable again.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply
#3
(04-18-2017, 01:21 PM)MarkR Wrote:
(04-18-2017, 01:12 PM)buck0002 Wrote: Ive been divorced since 2014.  In our divorce degree it only states 20% phyiscal custody and 50% legal with over night visit station aprond agreed with both parties.  But we really didnt go by that court order because we was friends.  Me and my Ex have had an agreement of me pretty much getting my son and daughter whenever i felt like it.  I've been taking them to and from school for the last 4 to 5 years.  Im at every school and sporting event, im even at every practice.  We go out of town and amusement parks all the time.  I pay child support every month on time.  We spend time after school usually almost everyday untel Mom gets off work which is usually 6 or 7pm.  But now that i have gotten remarried and have a new house she has turned everything upside down.  She doest want my son around my wife, she doesnt even want him at my house.  Shes not allowing him to spend the night.  She has pulled him out of Track and Field  which he has been in for 2 months all becasue of anger towards me.  She has even taken his phone which i got him to commuicate with me.  Now she's even claiming im a danger to my children, even though every since the fallout i had them almost everyday.  My son is 8 and my daughter is 13..  There's allot more to the story but these are the basics.  Also one last thing is my 13 year old dauthger is not really minds.  Mom lied and said she was mines and i didnt find out untel she was 6 years old.  But the case has been solved im no longer liable per the court for my daughter.  So im really fighting for my Son.  Please help!!!!!!

There is a way forward with this. First of all, what you do during your contact time is nothing to do with her, as the court put the child in your care.

Apply to Court for

1, PR for the 13 year old, under "Father by Assumption" rules, so that you then have the legal right for Contact.
2, To vary the existing Child Arrangements. You need to get a set timetable in place, what can then be enforced via court if need be.

As a min, you will get Friday till Sunday every 2 weeks, and up to half school holidays.
You can ask for mid week visits/stay overs also, if its workable.

The Court can order the phone be available for indirect contact at set times.

In law once you let an aspect of an order be not followed, unchallenged, then you can not longer enforce it. This variation of the order would therefore make it enforceable again.

(04-18-2017, 01:36 PM)buck0002 Wrote:
(04-18-2017, 01:21 PM)MarkR Wrote:
(04-18-2017, 01:12 PM)buck0002 Wrote: Ive been divorced since 2014.  In our divorce degree it only states 20% phyiscal custody and 50% legal with over night visit station aprond agreed with both parties.  But we really didnt go by that court order because we was friends.  Me and my Ex have had an agreement of me pretty much getting my son and daughter whenever i felt like it.  I've been taking them to and from school for the last 4 to 5 years.  Im at every school and sporting event, im even at every practice.  We go out of town and amusement parks all the time.  I pay child support every month on time.  We spend time after school usually almost everyday untel Mom gets off work which is usually 6 or 7pm.  But now that i have gotten remarried and have a new house she has turned everything upside down.  She doest want my son around my wife, she doesnt even want him at my house.  Shes not allowing him to spend the night.  She has pulled him out of Track and Field  which he has been in for 2 months all becasue of anger towards me.  She has even taken his phone which i got him to commuicate with me.  Now she's even claiming im a danger to my children, even though every since the fallout i had them almost everyday.  My son is 8 and my daughter is 13..  There's allot more to the story but these are the basics.  Also one last thing is my 13 year old dauthger is not really minds.  Mom lied and said she was mines and i didnt find out untel she was 6 years old.  But the case has been solved im no longer liable per the court for my daughter.  So im really fighting for my Son.  Please help!!!!!!

There is a way forward with this. First of all, what you do during your contact time is nothing to do with her, as the court put the child in your care.

Apply to Court for

1, PR for the 13 year old, under "Father by Assumption" rules, so that you then have the legal right for Contact.
2, To vary the existing Child Arrangements. You need to get a set timetable in place, what can then be enforced via court if need be.

As a min, you will get Friday till Sunday every 2 weeks, and up to half school holidays.
You can ask for mid week visits/stay overs also, if its workable.

The Court can order the phone be available for indirect contact at set times.

In law once you let an aspect of an order be not followed, unchallenged, then you can not longer enforce it. This variation of the order would therefore make it enforceable again.

Thank you for your reply.  Ok what about if she trys to stop me from picking up and dropping off my children?  is there anything i can do about that?
Reply
#4
(04-18-2017, 01:36 PM)buck0002 Wrote:
(04-18-2017, 01:21 PM)MarkR Wrote:
(04-18-2017, 01:12 PM)buck0002 Wrote: Ive been divorced since 2014.  In our divorce degree it only states 20% phyiscal custody and 50% legal with over night visit station aprond agreed with both parties.  But we really didnt go by that court order because we was friends.  Me and my Ex have had an agreement of me pretty much getting my son and daughter whenever i felt like it.  I've been taking them to and from school for the last 4 to 5 years.  Im at every school and sporting event, im even at every practice.  We go out of town and amusement parks all the time.  I pay child support every month on time.  We spend time after school usually almost everyday untel Mom gets off work which is usually 6 or 7pm.  But now that i have gotten remarried and have a new house she has turned everything upside down.  She doest want my son around my wife, she doesnt even want him at my house.  Shes not allowing him to spend the night.  She has pulled him out of Track and Field  which he has been in for 2 months all becasue of anger towards me.  She has even taken his phone which i got him to commuicate with me.  Now she's even claiming im a danger to my children, even though every since the fallout i had them almost everyday.  My son is 8 and my daughter is 13..  There's allot more to the story but these are the basics.  Also one last thing is my 13 year old dauthger is not really minds.  Mom lied and said she was mines and i didnt find out untel she was 6 years old.  But the case has been solved im no longer liable per the court for my daughter.  So im really fighting for my Son.  Please help!!!!!!

There is a way forward with this. First of all, what you do during your contact time is nothing to do with her, as the court put the child in your care.

Apply to Court for

1, PR for the 13 year old, under "Father by Assumption" rules, so that you then have the legal right for Contact.
2, To vary the existing Child Arrangements. You need to get a set timetable in place, what can then be enforced via court if need be.

As a min, you will get Friday till Sunday every 2 weeks, and up to half school holidays.
You can ask for mid week visits/stay overs also, if its workable.

The Court can order the phone be available for indirect contact at set times.

In law once you let an aspect of an order be not followed, unchallenged, then you can not longer enforce it. This variation of the order would therefore make it enforceable again.

(04-18-2017, 01:36 PM)buck0002 Wrote:
(04-18-2017, 01:21 PM)MarkR Wrote:
(04-18-2017, 01:12 PM)buck0002 Wrote: Ive been divorced since 2014.  In our divorce degree it only states 20% phyiscal custody and 50% legal with over night visit station aprond agreed with both parties.  But we really didnt go by that court order because we was friends.  Me and my Ex have had an agreement of me pretty much getting my son and daughter whenever i felt like it.  I've been taking them to and from school for the last 4 to 5 years.  Im at every school and sporting event, im even at every practice.  We go out of town and amusement parks all the time.  I pay child support every month on time.  We spend time after school usually almost everyday untel Mom gets off work which is usually 6 or 7pm.  But now that i have gotten remarried and have a new house she has turned everything upside down.  She doest want my son around my wife, she doesnt even want him at my house.  Shes not allowing him to spend the night.  She has pulled him out of Track and Field  which he has been in for 2 months all becasue of anger towards me.  She has even taken his phone which i got him to commuicate with me.  Now she's even claiming im a danger to my children, even though every since the fallout i had them almost everyday.  My son is 8 and my daughter is 13..  There's allot more to the story but these are the basics.  Also one last thing is my 13 year old dauthger is not really minds.  Mom lied and said she was mines and i didnt find out untel she was 6 years old.  But the case has been solved im no longer liable per the court for my daughter.  So im really fighting for my Son.  Please help!!!!!!

There is a way forward with this. First of all, what you do during your contact time is nothing to do with her, as the court put the child in your care.

Apply to Court for

1, PR for the 13 year old, under "Father by Assumption" rules, so that you then have the legal right for Contact.
2, To vary the existing Child Arrangements. You need to get a set timetable in place, what can then be enforced via court if need be.

As a min, you will get Friday till Sunday every 2 weeks, and up to half school holidays.
You can ask for mid week visits/stay overs also, if its workable.

The Court can order the phone be available for indirect contact at set times.

In law once you let an aspect of an order be not followed, unchallenged, then you can not longer enforce it. This variation of the order would therefore make it enforceable again.

Thank you for your reply.  Ok what about if she trys to stop me from picking up and dropping off my children?  is there anything i can do about that?

The current court order remains valid, untill its either revoked by court, or changed under application to vary. Therefore, keep a copy on you, and if she tries to take the children in your time, phone the Police.
Posts made by me are my opinion and any factual information should be checked out. If you do not have a Solicitor, often your local CAB can get you some initial advice.
Reply




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